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Wendy Moyer
You may have an elderly relative living in a nursing home. And, if you do, during a number of your visits you may have seen another resident who was rather unruly. Maybe they screamed and shouted. Perhaps they were throwing a tantrum. They didn't seem to be harming anyone, but it looked like they were a real pain in the neck. Now, you don't know what caused them to act that way, but you may have begun to wonder, "If a nursing home resident is difficult to deal with - or if he or she is disruptive - can they be forced to move against their wishes? " In a nutshell, a nursing home resident can't be moved against their wishes unless she or he: • Has endangered the health or safety of other people. • Has certain medical needs that the facility can no longer accommodate. • Hasn't paid for his or her services. • Has recovered her or his health to the degree that nursing home care isn't necessary any longer. They can also me moved if the facility is closing. There are also a number of other situations that can result in a residents being moved abruptly or involuntarily. Some of these circumstances include the facility's loss of certification, or if the facility's staff goes on strike. In instances such as these it's not unusual for special arrangements to be made for all of the residents of the nursing home to be transferred to other housing accommodations. If a transfer is planned then the residents have to receive a 30-day written notice. The notice must inform them of the reason(s) they have to move and it also has to describe how the residents can legally challenge the proposed move. Although the procedures for a hearing will vary from one state to another, the residents of the nursing homes always have the right to appeal any decisions that could result in their being discharged. All of the facts should be reviewed during the appeal process. Certain circumstances will permit a nursing home to move one of their patients. If, for example, the patient is offensive, violent, or loud and affects the other patients to the degree that their activities, sleep, or wellbeing are affected, then the nursing home can make the claim that the patient is, indeed, a danger to the other residents. In addition, the facility can claim that it does not have the necessary staff that has the skills needed to work with this patient's difficult personality. Therefore they could say that they are no longer able to provide adequate care for that particular patient. So, if a resident exhibits these qualities the nursing home might not have any recourse other than moving the difficult resident to a facility that has the necessary mental health services to accommodate the patient's needs. In any case, a nursing home can't use restraints unless they are absolutely necessary. Nor can they overmedicate a resident in order to quiet her or him down. Conversely, nursing homes are not legally permitted to move patients because there are personality conflicts with their staff, or if the resident has asserted her or his rights.
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